By Alexa D. Jeacoma, J.D.
On March 4, 2026, Florida’s Fourth District Court of Appeals upheld arbitration clauses in healthcare employment contracts.
The appellate court reversed a trial court ruling that had refused to require arbitration in a lawsuit. Dr. Kenneth Konsker filed the suit in the lower court. He sued Florida Woman Care, LLC, and related defendants. Dr. Konsker, a co-founder of the women’s healthcare network, claimed defamation, tortious interference, and other harms.
He filed the claims after the organization fired him.
The Defendant Health Network and Dr. Konsker.
Florida Woman Care operates a network of women’s healthcare centers throughout Florida. Dr. Konsker helped start the organization in 2009. He later sold his ownership stake during a 2017 private equity restructuring.
In addition to being a co-founder, Dr. Konsker also worked as an obstetrician-gynecologist at Florida Woman Care.
Dr. Konsker had a written contract with Florida Woman Care. A separate contract with a management services organization (MSO) also existed. All the contracts contained clauses requiring the mandatory arbitration of any disputes.
Around the 2017 restructuring, Florida Woman Care sold its nonprofessional assets. Unified Women’s Healthcare LP, a separate business entity, bought them.
Allegations Made by Dr. Konsker of Facts Leading to His Termination.
Five years after the restructuring, Dr. Konsker said Florida Woman Care and United Women’s Healthcare tried to fire him. They allegedly cut funding for his practice and started an unfounded HR investigation. Dr. Konsker claimed that these companies terminated him without cause.
Post-Termination Conduct.
Additionally, Dr. Konsker claimed that after his termination, Florida Woman Care employees defamed him to patients and colleagues. They interfered with his ability to speak with his own patients. They also misappropriated funds from his profit-share account.
Further Details of the Lawsuit Filed By Dr. Konsker.
Dr. Konsker filed a lawsuit against Florida Woman Care, Unified Women’s Healthcare, and several individual defendants. He claimed defamation, tortious interference, and other harms. The Defendants asked the court to require arbitration. They relied on arbitration clauses in Dr. Konsker’s employment agreement and a related management services agreement (MSA).
Therefore, Dr. Konsker argued that the arbitration provision did not bind him. He said he was not a party to the management services agreement.
Appellate Court Requires Arbitration.
The Florida Fourth District Court of Appeals ruled that Dr. Konsker had to follow the arbitration clause.
The clause was in the management services agreement. Additionally, Dr. Konsker was a party to the asset purchase agreement, which expressly incorporated the management services agreement.
The Fourth District held that the dispute must proceed to arbitration. Both agreements used arbitration rules from the American Health Lawyers Association (AHLA) and the American Arbitration Association. These rules clearly allow arbitrators to decide issues of arbitrability.
Appellate Court Holds That Pursuant to the Contracts’ Wording, the Arbitrator Must Decide Arbitrability.
The Fourth District concluded that the trial judge lacked authority to decide whether the claims were subject to arbitration. Because the parties agreed to arbitrate under AHLA rules in the employment agreement, they accepted those rules.
Also, they agreed to the American Arbitration Association rules in the management services agreement.
So, Dr. Konsker and Florida Woman’s Care clearly and unmistakably agreed to delegate these questions to the arbitrator.
This includes whether these circumstances required arbitration.
Contact a Health Care Attorney Experienced in Negotiating and Evaluating Physician and Health Professional’s Business Transactions.
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Sources:
Bolado, Carolina. “Doctor’s Firing Dispute Belongs in Arbitration, Fla. Court Says”. Law360. (March 4, 2026). Web.
About the Author: Alexa D. Jeacoma practices health law at The Health Law Firm. She works in the Altamonte Springs, Florida office. Its main office is in Orlando, Florida.
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